CS/HB 1179

1
A bill to be entitled
2An act relating to motor vehicle lien enforcement;
3amending s. 30.231, F.S.; authorizing sheriffs expediting
4execution of a writ of replevin to recover certain
5additional expenses; amending s. 30.30, F.S.; requiring
6sheriffs to expedite certain writs of replevin within a
7specified amount of time; amending s. 78.065, F.S.;
8requiring courts to advance certain matters related to
9writs of replevin on the calendar; amending s. 78.068,
10F.S.; requiring courts to advance certain matters related
11to prejudgment writs of replevin on the calendar; amending
12s. 320.02, F.S.; authorizing the Department of Highway
13Safety and Motor Vehicles to withhold renewal of
14registration or replacement registration of specified
15motor vehicles under certain circumstances; amending s.
16320.03, F.S.; preemption jurisdiction over the outsourced
17electronic filing system to the state; requiring the
18department to continue its current outsourcing of the
19existing electronic filing system; approving the system
20for use in all counties; authorizing motor vehicle dealers
21to charge certain fees; requiring a report from the Office
22of Program Policy Analysis and Government Accountability
23by a specified date; creating s. 320.1316, F.S.; providing
24responsibilities of the department relating to the
25issuance of a license plate, revalidation sticker, or
26replacement license plate for certain vehicles; requiring
27the department to create a notice to surrender form;
28providing procedures for the dispute of a notice to
29surrender; amending s. 559.903, F.S.; defining the terms
30"lienholder" and "owner" for purposes of the Florida Motor
31Vehicle Repair Act; amending s. 559.917, F.S.; revising
32the amount of the bond required to release a possessory
33lien claimed by a motor vehicle repair shop; providing for
34a motor vehicle owner or lienholder to obtain the release
35of a motor vehicle from a motor vehicle repair shop;
36revising criteria required to establish an action to
37compel compliance; amending s. 713.585, F.S.; modifying
38procedures for enforcing liens for labor or services by
39sale of a motor vehicle; amending s. 322.34, F.S.;
40creating certain rights for lienholders; deleting a return
41receipt mailing requirement; amending s. 713.78, F.S.;
42clarifying provisions; deleting a return receipt mailing
43requirement; creating certain rights for lienholders;
44deleting a provision that allows a complaint to be filed
45in the county where the owner resides; creating a cause of
46action to determine the rights of the parties after a
47vehicle or vessel has been sold; providing for attorney's
48fees and costs; providing a right of inspection to
49lienholders; amending s. 320.0609, F.S., relating to the
50transfer and exchange of registration license plates and
51transfer fees; requiring that a temporary tag be issued
52and displayed during the time that an application for a
53transfer of a registration license plate is being
54processed; providing exceptions; amending s. 320.131,
55F.S.; authorizing the department to issue temporary tags
56for the time that an application for a transfer of a
57registration license plate is being processed; amending s.
58320.0609, F.S., relating to the transfer and exchange of
59registration license plates and transfer fees; requiring a
60licensed motor vehicle dealer to provide certain required
61information via an electronic system to the department
62when the owner of a vehicle transfers a registration
63license plate to a replacement or substitute vehicle
64acquired from the dealer; providing that the electronic
65system shall be administered by the department; requiring
66the dealer to give the owner written notice documenting
67the transfer if the dealer cannot provide the required
68transfer information to the department under certain
69circumstances; requiring the dealer to maintain certain
70records; providing for the dealer and the department to
71charge a fee; providing for exceptions; authorizing the
72department to adopt rules; amending s. 316.193, F.S.;
73requiring the court to include in the order of impoundment
74or immobilization the names and telephone numbers of
75immobilization agencies that meet specified requirements;
76requiring the person whose vehicle is ordered to be
77impounded or immobilized to pay the impoundment or
78immobilization fees and costs directly to the person
79impounding or immobilizing the vehicle; establishing
80conditions and restrictions for immobilization agencies
81who are engaged in the business of immobilizing vehicles
82in judicial circuits where personnel of the court or
83sheriff do not immobilize vehicles; providing penalties
84for violating such conditions and restrictions;
85authorizing aggrieved immobilization agency to initiate a
86civil action against a person who commits such violation;
87providing for attorney's fees and costs; defining the
88terms "immobilization," "immobilize," "immobilizing,"
89"immobilization agency," "immobilization agencies,"
90"impound," "impounding," "impoundment," and "person";
91providing effective dates.
92
93Be It Enacted by the Legislature of the State of Florida:
94
95     Section 1.  Subsection (2) of section 30.231, Florida
96Statutes, is amended to read:
97     30.231  Sheriffs' fees for service of summons, subpoenas,
98and executions.--
99     (2)  For levying on property and for the seizure of
100persons, the sheriff shall be allowed anticipated expenses
101necessary for the execution of the process directing such levy
102or seizure and for the safekeeping of property and persons in
103the custody of the sheriff. A reasonable cost deposit to cover
104said fees and expenses in connection with the requested services
105shall be deposited in advance, by the party requesting the
106service, with the officer requested to perform the service. If
107the sheriff is required to expedite execution of a writ of
108replevin pursuant to s. 30.30, the sheriff may recover
109additional expenses, including payment of off-duty deputy
110sheriffs, to expedite execution of the writ of replevin.
111     Section 2.  Subsection (1) of section 30.30, Florida
112Statutes, is amended to read:
113     30.30  Writs, process; duties and liabilities in levying.--
114     (1)  Whenever any writ, issuing out of any court of this
115state is, shall be delivered to a sheriff, commanding the
116sheriff to levy upon property specifically described therein, it
117shall be his or her duty to levy upon such property. If a party
118to whom a writ of replevin has been issued requests expedited
119service of the writ because the writ is upon property that
120includes motor vehicles, the sheriff shall expedite service no
121later than 3 days after such request, subject to payment of the
122additional expenses allowed by s. 30.231(2). If no property is
123specifically described in the writ, the sheriff he or she shall
124levy upon:
125     (a)  Any property in the possession of the defendant which
126is described in instructions for levy; and
127     (b)  Upon any property assessed against the defendant on
128the current tax rolls of the county or registered in his or her
129name under any law of the United States or of the state, upon
130the request of the plaintiff or the plaintiff's attorney listing
131such property in an instructions for levy. The instructions for
132levy shall state the balance due on such writ.
133     Section 3.  Subsection (1) of section 78.065, Florida
134Statutes, is amended to read:
135     78.065  Order to show cause; contents.--
136     (1)  The court without delay shall examine the complaint
137filed; and, if on the basis of the complaint and further showing
138of the plaintiff in support of it the court finds that the
139defendant has waived in accordance with s. 78.075 his or her
140right to be notified and heard, the court shall promptly issue
141an order authorizing the clerk of the court to issue a writ of
142replevin. The court shall advance the cause on the calendar.
143     Section 4.  Subsection (1) of section 78.068, Florida
144Statutes, is amended to read:
145     78.068  Prejudgment writ of replevin.--
146     (1)  A prejudgment writ of replevin may be issued and the
147property seized delivered forthwith to the petitioners when the
148nature of the claim and the amount thereof, if any, and the
149grounds relied upon for the issuance of the writ clearly appear
150from specific facts shown by the verified petition or by
151separate affidavit of the petitioner. The court shall advance
152the cause on the calendar.
153     Section 5.  Subsection (17) is added to section 320.02,
154Florida Statutes, to read:
155     320.02  Registration required; application for
156registration; forms.--
157     (17)  If any applicant's name appears on a list of persons
158who may not be issued a license plate, revalidation sticker, or
159replacement license plate after a written notice to surrender a
160vehicle was submitted to the department by a lienor as provided
161in s. 320.1316, the department may withhold renewal of
162registration or replacement registration of any motor vehicle
163owned by the applicant at the time the notice was submitted by
164the lienor. The lienor must maintain proof that written notice
165to surrender the vehicle was sent to each registered owner
166pursuant to s. 320.1316(1). A revalidation sticker or
167replacement license plate may not be issued until that person's
168name no longer appears on the list or until the person presents
169documentation from the lienor that the vehicle has been
170surrendered to the lienor. The department shall not withhold an
171initial registration in connection with an applicant's purchase
172or lease of a motor vehicle solely because the applicant's name
173is on the list created by s. 320.1316.
174     Section 6.  Subsection (10) is added to section 320.03,
175Florida Statutes, to read:
176     320.03  Registration; duties of tax collectors;
177International Registration Plan.--
178     (10)  Jurisdiction over the outsourced electronic filing
179system for use by licensed motor vehicle dealers electronically
180to title and to register motor vehicles and to issue or to
181transfer registration license plates or decals is expressly
182preempted to the state. The department shall continue its
183current outsourcing of the existing electronic filing system,
184including its program standards. The electronic filing system is
185approved for use in all counties, shall apply uniformly to all
186tax collectors of the state, and no tax collector may add or
187detract from the program standards in his or her respective
188county. A motor vehicle dealer licensed under this chapter may
189charge a fee to the customer for use of the electronic filing
190system and such fee is not a component of the program standards.
191Final authority over disputes relating to program standards lies
192with the department. By January 1, 2010, the Office of Program
193Policy Analysis and Government Accountability, with input from
194the department and from affected parties, including tax
195collectors, service providers, and motor vehicle dealers, shall
196report to the President of the Senate and the Speaker of the
197House of Representatives on the status of the outsourced
198electronic filing system, including the program standards, and
199its compliance with this subsection. The report shall identify
200all public and private alternatives for continued operation of
201the electronic filing system and shall include any and all
202appropriate recommendations, including revisions to the program
203standards.
204     Section 7.  Section 320.1316, Florida Statutes, is created
205to read:
206     320.1316  Failure to surrender vehicle or vessel.--
207     (1)  Upon receipt from a lienor who claims a lien on a
208vehicle pursuant to s. 319.27 by the Department of Highway
209Safety and Motor Vehicles of written notice to surrender a
210vehicle or vessel that has been disposed of, concealed, removed,
211or destroyed by the lienee, the department shall place the name
212of the registered owner of that vehicle on the list of those
213persons who may not be issued a license plate, revalidation
214sticker, or replacement license plate for any motor vehicle
215under s. 320.03(8) owned by the lienee at the time the notice
216was given by the lienor. If the vehicle is owned jointly by more
217than one person, the name of each registered owner shall be
218placed on the list.
219     (2)  The notice to surrender the vehicle shall be submitted
220on forms developed by the department, which must include:
221     (a)  The name, address, and telephone number of the lienor.
222     (b)  The name of the registered owner of the vehicle and
223the address to which the lienor provided notice to surrender the
224vehicle to the registered owner.
225     (c)  A general description of the vehicle, including its
226color, make, model, body style, and year.
227     (d)  The vehicle identification number, registration
228license plate number, if known, or other identification number,
229as applicable.
230     (3)  The registered owner of the vehicle may dispute a
231notice to surrender the vehicle by notifying the department of
232the dispute in writing on forms provided by the department and
233presenting proof that the vehicle was sold to a motor vehicle
234dealer licensed under s. 320.27, a mobile home dealer licensed
235under s. 320.77, or a recreational vehicle dealer licensed under
236s. 320.771.
237     Section 8.  Section 559.903, Florida Statutes, is amended
238to read:
239     559.903  Definitions.--As used in this act:
240     (1)  "Customer" means the person who signs the written
241repair estimate or any other person whom the person who signs
242the written repair estimate designates on the written repair
243estimate as a person who may authorize repair work.
244     (2)  "Department" means the Department of Agriculture and
245Consumer Services.
246     (3)  "Employee" means an individual who is employed full
247time or part time by a motor vehicle repair shop and performs
248motor vehicle repair.
249     (4)  "Final estimate" means the last estimate approved by
250the customer either in writing or orally, as evidenced by the
251written repair estimate.
252     (5)  "Lienholder" means the person or entity that holds a
253lien or security interest on the motor vehicle and who perfected
254the lien or security interest on the motor vehicle pursuant to
255s. 319.27.
256     (6)(5)  "Motor vehicle" means any automobile, truck, bus,
257recreational vehicle, motorcycle, motor scooter, or other motor
258powered vehicle, but does not include trailers, mobile homes,
259travel trailers, trailer coaches without independent motive
260power, watercraft or aircraft, or special mobile equipment as
261defined in s. 316.003(48).
262     (7)(8)  "Motor vehicle repair" means all maintenance of and
263modifications and repairs to motor vehicles, and diagnostic work
264incident thereto, including, but not limited to, the rebuilding
265or restoring of rebuilt vehicles, body work, painting, warranty
266work, and other work customarily undertaken by motor vehicle
267repair shops.
268     (8)(6)  "Motor vehicle repair shop" means any person who,
269for compensation, engages or attempts to engage in the repair of
270motor vehicles owned by other persons and includes, but is not
271limited to: mobile motor vehicle repair shops, motor vehicle and
272recreational vehicle dealers; garages; service stations; self-
273employed individuals; truck stops; paint and body shops; brake,
274muffler, or transmission shops; and shops doing glass work. Any
275person who engages solely in the maintenance or repair of the
276coach portion of a recreational vehicle is not a motor vehicle
277repair shop.
278     (9)  "Owner" means the person or persons whose names appear
279on the title to the motor vehicle.
280     (10)(7)  "Place of business" means a physical place where
281the business of motor vehicle repair is conducted, including any
282vehicle constituting a mobile motor vehicle repair shop from
283which the business of motor vehicle repair is conducted.
284     Section 9.  Section 559.917, Florida Statutes, is amended
285to read:
286     559.917  Bond to release possessory lien claimed by motor
287vehicle repair shop.--
288     (1)(a)  Any customer may obtain the release of her or his
289motor vehicle from any lien claimed under part II of chapter 713
290by a motor vehicle repair shop for repair work performed under a
291written repair estimate by filing with the clerk of the court in
292the circuit in which the disputed transaction occurred a cash or
293surety bond, payable to the person claiming the lien and
294conditioned for the payment of any judgment which may be entered
295on the lien. The bond shall be in the amount stated on the
296invoice required by s. 559.911, plus accrued storage charges, if
297any, less any amount paid to the motor vehicle repair shop as
298indicated on the invoice, plus 15 percent. The customer shall
299not be required to institute judicial proceedings in order to
300post the bond in the registry of the court, nor shall the
301customer be required to use a particular form for posting the
302bond, unless the clerk shall provide such form to the customer
303for filing. Upon the posting of such bond, the clerk of the
304court shall automatically issue a certificate notifying the
305lienor of the posting of the bond and directing the lienor to
306release the customer's motor vehicle.
307     (b)  The lienor shall have 60 days to file suit to recover
308the bond. The prevailing party in that action may be entitled to
309damages plus court costs and reasonable attorney's fees. If the
310lienor fails to file suit within 60 days after the posting of
311such bond, the bond shall be discharged.
312     (c)  The owner or lienholder may obtain the release of a
313motor vehicle pursuant to s. 713.78.
314     (2)  The failure of a lienor to release or return to the
315customer, owner, or lienholder the motor vehicle upon which any
316lien is claimed, upon receiving a copy of a certificate giving
317notice of the posting of the bond and directing release of the
318motor vehicle, shall subject the lienor to judicial proceedings
319which may be brought by the customer, owner, or lienholder to
320compel compliance with the certificate. Whenever a customer,
321owner, or lienholder brings an action to compel compliance with
322the certificate, the customer, owner, or lienholder need only
323establish that:
324     (a)  Bond in the amount of the invoice, plus accrued
325storage charges, if any, less any amount paid to the motor
326vehicle repair shop as indicated on the invoice, plus 15
327percent, was posted;
328     (b)  A certificate was issued pursuant to this section;
329     (c)  The motor vehicle repair shop, or any employee or
330agent thereof who is authorized to release the motor vehicle,
331received a copy of a certificate issued pursuant to this
332section; and
333     (d)  The motor vehicle repair shop or employee authorized
334to release the motor vehicle failed to release the motor
335vehicle.
336
337The customer, owner, or lienholder, upon a judgment in her or
338his favor in an action brought under this subsection, may be
339entitled to damages plus court costs and reasonable attorney's
340fees sustained by her or him by reason of such wrongful
341detention or retention. Upon a judgment in favor of the motor
342vehicle repair shop, the shop may be entitled to reasonable
343attorney's fees.
344     (3)  Any motor vehicle repair shop which, or any employee
345or agent thereof who is authorized to release the motor vehicle
346who, upon receiving a copy of a certificate giving notice of the
347posting of the bond in the required amount and directing release
348of the motor vehicle, fails to release or return the property to
349the customer, owner, or lienholder pursuant to this section
350commits is guilty of a misdemeanor of the second degree,
351punishable as provided in s. 775.082 or s. 775.083.
352     (4)  Any customer, owner, or lienholder who stops payment
353on a credit card charge or a check drawn in favor of a motor
354vehicle repair shop on account of an invoice or who fails to
355post a cash or surety bond pursuant to this section shall be
356prohibited from any recourse under this section with respect to
357the motor vehicle repair shop.
358     Section 10.  Section 713.585, Florida Statutes, is amended
359to read:
360     713.585  Enforcement of lien by sale of motor vehicle.--A
361person claiming a lien under s. 713.58 for performing labor or
362services on a motor vehicle may enforce such lien by sale of the
363vehicle in accordance with the following procedures:
364     (1)  The lienor must give notice, by certified mail, return
365receipt requested, within 10 15 business days, excluding
366Saturday and Sunday, from the beginning date of the assessment
367of storage charges on the said motor vehicle, to the registered
368owner of the vehicle, to the customer as indicated on the order
369for repair, and to all other persons claiming an interest in or
370lien thereon, as disclosed by the records of the Department of
371Highway Safety and Motor Vehicles or of a corresponding agency
372of any other state in which the vehicle appears registered. Such
373notice must contain:
374     (a)  A description of the vehicle (year, make, vehicle
375identification number) and its location.
376     (b)  The name and address of the owner of the vehicle, the
377customer as indicated on the order for repair, and any person
378claiming an interest in or lien thereon.
379     (c)  The name, address, and telephone number of the lienor.
380     (d)  Notice that the lienor claims a lien on the vehicle
381for labor and services performed and storage charges, if any,
382and the cash sum which, if paid to the lienor, would be
383sufficient to redeem the vehicle from the lien claimed by the
384lienor.
385     (e)  Notice that the lien claimed by the lienor is subject
386to enforcement pursuant to this section and that the vehicle may
387be sold to satisfy the lien.
388     (f)  If known, the date, time, and location of any proposed
389or scheduled sale of the vehicle. No vehicle may be sold earlier
390than 50 60 days after completion of the repair work.
391     (g)  Notice that the owner of the vehicle or any person
392claiming an interest in or lien thereon has a right to a hearing
393at any time prior to the scheduled date of sale by filing a
394demand for hearing with the clerk of the circuit court in the
395county in which the vehicle is held and mailing copies of the
396demand for hearing to all other owners and lienors as reflected
397on the notice.
398     (h)  Notice that the owner or lienholder of the vehicle has
399a right to recover possession of the vehicle without instituting
400judicial proceedings by posting bond in accordance with the
401provisions of s. 559.917.
402     (i)  Notice that any proceeds from the sale of the vehicle
403remaining after payment of the amount claimed to be due and
404owing to the lienor will be deposited with the clerk of the
405circuit court for disposition upon court order pursuant to
406subsection (8).
407     (2)  If attempts to locate the owner or lienholder are
408unsuccessful, the lienor must notify the local law enforcement
409agency in writing by certified mail or acknowledged hand
410delivery that the lienor has been unable to locate the owner or
411lienholder, that a physical search of the vehicle has disclosed
412no ownership information, and that a good faith effort has been
413made. A description of the motor vehicle which includes the
414year, make, and identification number must be given on the
415notice. This notification must take place within 10 15 business
416days, excluding Saturday and Sunday, from the beginning date of
417the assessment of storage charges on the said motor vehicle. For
418purposes of this paragraph, the term "good faith effort" means
419that the following checks have been performed by the company to
420establish the prior state of registration and title:
421     (a)  A check of vehicle for any type of tag, tag record,
422temporary tag, or regular tag;
423     (b)  A check of vehicle for inspection sticker or other
424stickers and decals that could indicate the state of possible
425registration; and
426     (c)  A check of the interior of the vehicle for any papers
427that could be in the glove box, trunk, or other areas for the
428state of registration.
429     (3)  If the date of the sale was not included in the notice
430required in subsection (1), notice of the sale must be sent by
431certified mail, return receipt requested, not less than 15 days
432before the date of sale, to the customer as indicated on the
433order for repair, and to all other persons claiming an interest
434in or lien on the motor vehicle, as disclosed by the records of
435the Department of Highway Safety and Motor Vehicles or of a
436corresponding agency of any other state in which the vehicle
437appears to have been registered. After diligent search and
438inquiry, if the name and address of the registered owner or the
439owner of the recorded lien cannot be ascertained, the
440requirements for this notice may be disregarded.
441     (4)  The lienor, at least 15 days before the proposed or
442scheduled date of sale of the vehicle, shall publish the notice
443required by this section once in a newspaper circulated in the
444county where the vehicle is held. A certificate of compliance
445with the notification provisions of this section, verified by
446the lienor, together with a copy of the notice and return
447receipt for mailing of the notice required by this section, and
448proof of publication, must be duly and expeditiously filed with
449the clerk of the circuit court in the county where the vehicle
450is held. The lienor, at the time of filing the certificate of
451compliance, must pay to the clerk of that court a service charge
452of $10 for indexing and recording the certificate.
453     (5)  At any time prior to the proposed or scheduled date of
454sale of a vehicle, the owner of the vehicle, or any person
455claiming an interest in the vehicle or a lien thereon, may file
456a demand for hearing with the clerk of the circuit court in the
457county in which the vehicle is held to determine whether the
458vehicle has been wrongfully taken or withheld from her or him.
459Any person who files a demand for hearing shall mail copies of
460the demand to all other owners and lienors as reflected on the
461notice required in subsection (1). Upon the filing of a demand
462for hearing, a hearing shall be held prior to the proposed or
463scheduled date of sale of the vehicle.
464     (6)  In the event a lienor institutes a judicial proceeding
465to enforce a lien, no filing fee shall be required at the time
466of filing, but the court shall require the lienor to pay the
467filing fee unless the lienor shall prevail in the action.
468     (7)  At the hearing on the complaint, the court shall
469forthwith issue its order determining:
470     (a)  Whether the vehicle is subject to a valid lien by the
471lienor and the amount thereof;
472     (b)  The priority of the lien of the lienor as against any
473existing security interest in the vehicle;
474     (c)  The distribution of any proceeds of the sale by the
475clerk of the circuit court;
476     (d)  The award of reasonable attorney's fees and costs to
477the prevailing party; and
478     (e)  The reasonableness of storage charges.
479     (8)  A vehicle subject to lien enforcement pursuant to this
480section must be sold by the lienor at public sale. Immediately
481upon the sale of the vehicle and payment in cash of the purchase
482price, the lienor shall deposit with the clerk of the circuit
483court the proceeds of the sale less the amount claimed by the
484lienor for work done and storage, if any, and all reasonable
485costs and expenses incurred in conducting the sale, including
486any attorney's fees and costs ordered by the court.
487Simultaneously with depositing the proceeds of sale remaining
488after payment to the lienor, the lienor shall file with the
489clerk a verified report of the sale stating a description of the
490vehicle sold, including the vehicle identification number; the
491name and address of the purchaser; the date of the sale; and the
492selling price. The report shall also itemize the amount retained
493by the lienor pursuant to this section and shall indicate
494whether a hearing was demanded and held. All proceeds held by
495the court shall be held for the benefit of the owner of the
496vehicle or any lienholder whose lien is discharged by the sale
497and shall be disbursed only upon order of the court. Unless a
498proceeding is initiated to validate a claim to such proceeds
499within 1 year and a day from the date of the sale, the proceeds
500shall be deemed abandoned property and disposition thereof shall
501be governed by s. 705.103. The clerk shall receive 5 percent of
502the proceeds deposited with her or him, not to exceed $25, for
503her or his services under this section.
504     (9)  A copy of the certificate of compliance and the report
505of sale, certified by the clerk of the court, shall constitute
506satisfactory proof for application to the Department of Highway
507Safety and Motor Vehicles for transfer of title, together with
508any other proof required by any rules and regulations of the
509department.
510     (10)  Nothing contained in this section shall be construed
511as affecting an owner's right to redeem her or his vehicle from
512the lien at any time prior to sale by paying the amount claimed
513by the lienor for work done and assessed storage charges, plus
514any costs incurred by the repair shop for utilizing enforcement
515procedures under this section.
516     (11)  Nothing in this section shall operate in derogation
517of the rights and remedies established by s. 559.917.
518     (12)  When a vehicle is sold by a lienor in accordance with
519this law, a purchaser for value takes title to the vehicle free
520and clear of all claims, liens, and encumbrances whatsoever,
521unless otherwise provided by court order.
522     (13)  A failure to make good faith efforts as defined in
523subsection (2) precludes the imposition of any storage charges
524against the vehicle. If a lienor fails to provide notice to any
525person claiming a lien on a vehicle under subsection (1) within
52610 15 business days, excluding Saturday or Sunday, after the
527assessment of storage charges have begun, then the lienor is
528precluded from charging for more than 15 days of storage, but
529failure to provide timely notice does not affect charges made
530for repairs, adjustments, or modifications to the vehicle or the
531priority of liens on the vehicle.
532     Section 11.  Subsection (8) of section 322.34, Florida
533Statutes, is amended to read:
534     322.34  Driving while license suspended, revoked, canceled,
535or disqualified.--
536     (8)(a)  Upon the arrest of a person for the offense of
537driving while the person's driver's license or driving privilege
538is suspended or revoked, the arresting officer shall determine:
539     1.  Whether the person's driver's license is suspended or
540revoked.
541     2.  Whether the person's driver's license has remained
542suspended or revoked since a conviction for the offense of
543driving with a suspended or revoked license.
544     3.  Whether the suspension or revocation was made under s.
545316.646 or s. 627.733, relating to failure to maintain required
546security, or under s. 322.264, relating to habitual traffic
547offenders.
548     4.  Whether the driver is the registered owner or coowner
549of the vehicle.
550     (b)  If the arresting officer finds in the affirmative as
551to all of the criteria in paragraph (a), the officer shall
552immediately impound or immobilize the vehicle.
553     (c)  Within 7 business days after the date the arresting
554agency impounds or immobilizes the vehicle, either the arresting
555agency or the towing service, whichever is in possession of the
556vehicle, shall send notice by certified mail, return receipt
557requested, to any coregistered owners of the vehicle other than
558the person arrested and to each person of record claiming a lien
559against the vehicle. All costs and fees for the impoundment or
560immobilization, including the cost of notification, must be paid
561by the owner of the vehicle or, if the vehicle is leased, by the
562person leasing the vehicle.
563     (d)  Either the arresting agency or the towing service,
564whichever is in possession of the vehicle, shall determine
565whether any vehicle impounded or immobilized under this section
566has been leased or rented or if there are any persons of record
567with a lien upon the vehicle. Either the arresting agency or the
568towing service, whichever is in possession of the vehicle, shall
569notify by express courier service with receipt or certified
570mail, return receipt requested, within 7 business days after the
571date of the immobilization or impoundment of the vehicle, the
572registered owner and all persons having a recorded lien against
573the vehicle that the vehicle has been impounded or immobilized.
574A lessor, rental car company, or lienholder may then obtain the
575vehicle, upon payment of any lawful towing or storage charges.
576If the vehicle is a rental vehicle subject to a written
577contract, the charges may be separately charged to the renter,
578in addition to the rental rate, along with other separate fees,
579charges, and recoupments disclosed on the rental agreement. If
580the storage facility fails to provide timely notice to a lessor,
581rental car company, or lienholder as required by this paragraph,
582the storage facility shall be responsible for payment of any
583towing or storage charges necessary to release the vehicle to a
584lessor, rental car company, or lienholder that accrue after the
585notice period, which charges may then be assessed against the
586driver of the vehicle if the vehicle was lawfully impounded or
587immobilized.
588     (e)  Except as provided in paragraph (d), the vehicle shall
589remain impounded or immobilized for any period imposed by the
590court until:
591     1.  The owner presents proof of insurance to the arresting
592agency; or
593     2.  The owner presents proof of sale of the vehicle to the
594arresting agency and the buyer presents proof of insurance to
595the arresting agency.
596
597If proof is not presented within 35 days after the impoundment
598or immobilization, a lien shall be placed upon such vehicle
599pursuant to s. 713.78.
600     (f)  The owner of a vehicle that is impounded or
601immobilized under this subsection may, within 10 days after the
602date the owner has knowledge of the location of the vehicle,
603file a complaint in the county in which the owner resides to
604determine whether the vehicle was wrongfully taken or withheld.
605Upon the filing of a complaint, the owner or lienholder may have
606the vehicle released by posting with the court a bond or other
607adequate security equal to the amount of the costs and fees for
608impoundment or immobilization, including towing or storage, to
609ensure the payment of such costs and fees if the owner or
610lienholder does not prevail. When the vehicle owner or
611lienholder does not prevail on a complaint that the vehicle was
612wrongfully taken or withheld, he or she must pay the accrued
613charges for the immobilization or impoundment, including any
614towing and storage charges assessed against the vehicle. When
615the bond is posted and the fee is paid as set forth in s. 28.24,
616the clerk of the court shall issue a certificate releasing the
617vehicle. At the time of release, after reasonable inspection,
618the owner must give a receipt to the towing or storage company
619indicating any loss or damage to the vehicle or to the contents
620of the vehicle.
621     Section 12.  Subsections (4), (5), (6), and (10) of section
622713.78, Florida Statutes, are amended to read:
623     713.78  Liens for recovering, towing, or storing vehicles
624and vessels.--
625     (4)(a)  Any person regularly engaged in the business of
626recovering, towing, or storing vehicles or vessels who comes
627into possession of a vehicle or vessel pursuant to subsection
628(2), and who claims a lien for recovery, towing, or storage
629services, shall give notice to the registered owner, the
630insurance company insuring the vehicle notwithstanding the
631provisions of s. 627.736, and to all persons claiming a lien
632thereon, as disclosed by the records in the Department of
633Highway Safety and Motor Vehicles or of a corresponding agency
634in any other state.
635     (b)  Whenever any law enforcement agency authorizes the
636removal of a vehicle or vessel or whenever any towing service,
637garage, repair shop, or automotive service, storage, or parking
638place notifies the law enforcement agency of possession of a
639vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
640law enforcement agency of the jurisdiction where the vehicle or
641vessel is stored shall contact the Department of Highway Safety
642and Motor Vehicles, or the appropriate agency of the state of
643registration, if known, within 24 hours through the medium of
644electronic communications, giving the full description of the
645vehicle or vessel. Upon receipt of the full description of the
646vehicle or vessel, the department shall search its files to
647determine the owner's name, the insurance company insuring the
648vehicle or vessel, and whether any person has filed a lien upon
649the vehicle or vessel as provided in s. 319.27(2) and (3) and
650notify the applicable law enforcement agency within 72 hours.
651The person in charge of the towing service, garage, repair shop,
652or automotive service, storage, or parking place shall obtain
653such information from the applicable law enforcement agency
654within 5 days after the date of storage and shall give notice
655pursuant to paragraph (a). The department may release the
656insurance company information to the requestor notwithstanding
657the provisions of s. 627.736.
658     (c)  Notice by certified mail, return receipt requested,
659shall be sent within 7 business days after the date of storage
660of the vehicle or vessel to the registered owner, the insurance
661company insuring the vehicle notwithstanding the provisions of
662s. 627.736, and all persons of record claiming a lien against
663the vehicle or vessel. It shall state the fact of possession of
664the vehicle or vessel, that a lien as provided in subsection (2)
665is claimed, that charges have accrued and the amount thereof,
666that the lien is subject to enforcement pursuant to law, and
667that the owner or lienholder, if any, has the right to a hearing
668as set forth in subsection (5), and that any vehicle or vessel
669which remains unclaimed, or for which the charges for recovery,
670towing, or storage services remain unpaid, may be sold free of
671all prior liens after 35 days if the vehicle or vessel is more
672than 3 years of age or after 50 days if the vehicle or vessel is
6733 years of age or less.
674     (d)  If attempts to locate the name and address of the
675owner or lienholder prove unsuccessful, the towing-storage
676operator shall, after 7 working days, excluding Saturday and
677Sunday, of the initial tow or storage, notify the public agency
678of jurisdiction where the vehicle or vessel is stored in writing
679by certified mail or acknowledged hand delivery that the towing-
680storage company has been unable to locate the name and address
681of the owner or lienholder and a physical search of the vehicle
682or vessel has disclosed no ownership information and a good
683faith effort has been made. For purposes of this paragraph and
684subsection (9), "good faith effort" means that the following
685checks have been performed by the company to establish prior
686state of registration and for title:
687     1.  Check of vehicle or vessel for any type of tag, tag
688record, temporary tag, or regular tag.
689     2.  Check of law enforcement report for tag number or other
690information identifying the vehicle or vessel, if the vehicle or
691vessel was towed at the request of a law enforcement officer.
692     3.  Check of trip sheet or tow ticket of tow truck operator
693to see if a tag was on vehicle or vessel at beginning of tow, if
694private tow.
695     4.  If there is no address of the owner on the impound
696report, check of law enforcement report to see if an out-of-
697state address is indicated from driver license information.
698     5.  Check of vehicle or vessel for inspection sticker or
699other stickers and decals that may indicate a state of possible
700registration.
701     6.  Check of the interior of the vehicle or vessel for any
702papers that may be in the glove box, trunk, or other areas for a
703state of registration.
704     7.  Check of vehicle for vehicle identification number.
705     8.  Check of vessel for vessel registration number.
706     9.  Check of vessel hull for a hull identification number
707which should be carved, burned, stamped, embossed, or otherwise
708permanently affixed to the outboard side of the transom or, if
709there is no transom, to the outmost seaboard side at the end of
710the hull that bears the rudder or other steering mechanism.
711     (5)(a)  The owner of a vehicle or vessel removed pursuant
712to the provisions of subsection (2), or any person claiming a
713lien, other than the towing-storage operator, within 10 days
714after the time she or he has knowledge of the location of the
715vehicle or vessel, may file a complaint in the county court of
716the county in which the vehicle or vessel is stored or in which
717the owner resides to determine if her or his property was
718wrongfully taken or withheld from her or him.
719     (b)  Upon filing of a complaint, an owner or lienholder may
720have her or his vehicle or vessel released upon posting with the
721court a cash or surety bond or other adequate security equal to
722the amount of the charges for towing or storage and lot rental
723amount to ensure the payment of such charges in the event she or
724he does not prevail. Upon the posting of the bond and the
725payment of the applicable fee set forth in s. 28.24, the clerk
726of the court shall issue a certificate notifying the lienor of
727the posting of the bond and directing the lienor to release the
728vehicle or vessel. At the time of such release, after reasonable
729inspection, she or he shall give a receipt to the towing-storage
730company reciting any claims she or he has for loss or damage to
731the vehicle or vessel or the contents thereof.
732     (c)  Upon determining the respective rights of the parties,
733the court may award damages, attorney's fees, and costs in favor
734of the prevailing party. In any event, the final order shall
735provide for immediate payment in full of recovery, towing, and
736storage fees by the vehicle or vessel owner or lienholder; or
737the agency ordering the tow; or the owner, lessee, or agent
738thereof of the property from which the vehicle or vessel was
739removed.
740     (6)  Any vehicle or vessel which is stored pursuant to
741subsection (2) and which remains unclaimed, or for which
742reasonable charges for recovery, towing, or storing remain
743unpaid, and any contents not released pursuant to subsection
744(10), may be sold by the owner or operator of the storage space
745for such towing or storage charge after 35 days from the time
746the vehicle or vessel is stored therein if the vehicle or vessel
747is more than 3 years of age or after 50 days following the time
748the vehicle or vessel is stored therein if the vehicle or vessel
749is 3 years of age or less. The sale shall be at public sale
750auction for cash. If the date of the sale was not included in
751the notice required in subsection (4), notice of the sale shall
752be given to the person in whose name the vehicle or vessel is
753registered and to all persons claiming a lien on the vehicle or
754vessel as shown on the records of the Department of Highway
755Safety and Motor Vehicles or of the corresponding agency in any
756other state. Notice shall be sent by certified mail, return
757receipt requested, to the owner of the vehicle or vessel and the
758person having the recorded lien on the vehicle or vessel at the
759address shown on the records of the registering agency and shall
760be mailed not less than 15 days before the date of the sale.
761After diligent search and inquiry, if the name and address of
762the registered owner or the owner of the recorded lien cannot be
763ascertained, the requirements of notice by mail may be dispensed
764with. In addition to the notice by mail, public notice of the
765time and place of sale shall be made by publishing a notice
766thereof one time, at least 10 days prior to the date of the
767sale, in a newspaper of general circulation in the county in
768which the sale is to be held. The proceeds of the sale, after
769payment of reasonable towing and storage charges, and costs of
770the sale, in that order of priority, shall be deposited with the
771clerk of the circuit court for the county if the owner or
772lienholder is absent, and the clerk shall hold such proceeds
773subject to the claim of the owner or lienholder person legally
774entitled thereto. The clerk shall be entitled to receive 5
775percent of such proceeds for the care and disbursement thereof.
776The certificate of title issued under this law shall be
777discharged of all liens unless otherwise provided by court
778order. The owner or lienholder may file a complaint after the
779vehicle or vessel has been sold in the county court of the
780county in which it is stored. Upon determining the respective
781rights of the parties, the court may award damages, attorney's
782fees, and costs in favor of the prevailing party.
783     (10)  Persons who provide services pursuant to this section
784shall permit vehicle or vessel owners, lienholders, or their
785agents, which agency is evidenced by an original writing
786acknowledged by the owner before a notary public or other person
787empowered by law to administer oaths, to inspect the towed
788vehicle or vessel and shall release to the owner, lienholder, or
789agent the vehicle, vessel, or all personal property not affixed
790to the vehicle or vessel which was in the vehicle or vessel at
791the time the vehicle or vessel came into the custody of the
792person providing such services.
793     Section 13.  Effective October 1, 2009, paragraph (c) is
794added to subsection (2) of section 320.0609, Florida Statutes,
795to read:
796     320.0609  Transfer and exchange of registration license
797plates; transfer fee.--
798     (2)
799     (c)  If a retail sale by a licensed independent motor
800vehicle dealer results in the transfer of a registration license
801plate, a temporary tag shall be issued and displayed during the
802time that the application for transfer of such registration
803license plate is being processed unless the department's records
804reflect that the transfer has occurred. However, this paragraph
805shall not apply to independent motor vehicle dealers that are
806owned by principals that also hold a franchise motor vehicle
807dealer license in this state. This paragraph is repealed June
80830, 2010.
809     Section 14.  Effective July 1, 2010, subsection (8) is
810added to section 320.0609, Florida Statutes, to read:
811     320.0609  Transfer and exchange of registration license
812plates; transfer fee.--
813     (8)(a)  When the owner of a vehicle transfers a
814registration license plate to a replacement or substitute
815vehicle acquired from a motor vehicle dealer licensed under this
816chapter, the dealer shall timely provide to the department, via
817an electronic system administered by the department for this
818purpose, information regarding the transfer which is required by
819the department. The dealer shall also give the owner written
820notice documenting the transfer if the dealer cannot timely
821provide the required transfer information to the department due
822to system or connectivity problems. The dealer shall maintain
823all records required by the department which must be open to
824inspection by the department or its agents during reasonable
825business hours. The dealer may charge the vehicle owner a fee to
826comply with this subsection. The department may charge a fee of
827$2 to be deposited into the Highway Safety Operating Trust Fund
828for each transfer in addition to any other fee imposed by law.
829     (b)  A dealer is not required to comply with paragraph (a)
830if the department's records are otherwise modified on the date
831of transfer to reflect that the transfer has occurred.
832     (c)  The department has authority to adopt rules pursuant
833to ss. 120.536(1) and 120.54 to administer this subsection.
834     Section 15.  Effective October 1, 2009, paragraph (m) is
835added to subsection (1) of section 320.131, Florida Statutes, to
836read:
837     320.131  Temporary tags.--
838     (1)  The department is authorized and empowered to design,
839issue, and regulate the use of temporary tags to be designated
840"temporary tags" for use in the following cases:
841     (m)  For a retail sale by a licensed independent motor
842vehicle dealer when an application for the transfer of a
843registration license plate is being processed. This paragraph is
844repealed June 30, 2010.
845
846Further, the department is authorized to disallow the purchase
847of temporary tags by licensed dealers, common carriers, or
848financial institutions in those cases where abuse has occurred.
849     Section 16.  Paragraphs (d) and (i) of subsection (6) of
850section 316.193, Florida Statutes, are amended, and subsections
851(13) and (14) are added to that section, to read:
852     316.193  Driving under the influence; penalties.--
853     (6)  With respect to any person convicted of a violation of
854subsection (1), regardless of any penalty imposed pursuant to
855subsection (2), subsection (3), or subsection (4):
856     (d)  The court must at the time of sentencing the defendant
857issue an order for the impoundment or immobilization of a
858vehicle. The order of impoundment or immobilization must include
859the name and telephone numbers of all immobilization agencies
860meeting all of the conditions of subsection (13). Within 7
861business days after the date that the court issues the order of
862impoundment or immobilization, the clerk of the court must send
863notice by certified mail, return receipt requested, to the
864registered owner of each vehicle, if the registered owner is a
865person other than the defendant, and to each person of record
866claiming a lien against the vehicle.
867     (i)  All costs and fees for the impoundment or
868immobilization, including the cost of notification, must be paid
869by the owner of the vehicle or, if the vehicle is leased or
870rented, by the person leasing or renting the vehicle, unless the
871impoundment or immobilization order is dismissed. All provisions
872of s. 713.78 shall apply. The costs and fees for the impoundment
873or immobilization must be paid directly to the person impounding
874or immobilizing the vehicle.
875
876For the purposes of this section, any conviction for a violation
877of s. 327.35; a previous conviction for the violation of former
878s. 316.1931, former s. 860.01, or former s. 316.028; or a
879previous conviction outside this state for driving under the
880influence, driving while intoxicated, driving with an unlawful
881blood-alcohol level, driving with an unlawful breath-alcohol
882level, or any other similar alcohol-related or drug-related
883traffic offense, is also considered a previous conviction for
884violation of this section. However, in satisfaction of the fine
885imposed pursuant to this section, the court may, upon a finding
886that the defendant is financially unable to pay either all or
887part of the fine, order that the defendant participate for a
888specified additional period of time in public service or a
889community work project in lieu of payment of that portion of the
890fine which the court determines the defendant is unable to pay.
891In determining such additional sentence, the court shall
892consider the amount of the unpaid portion of the fine and the
893reasonable value of the services to be ordered; however, the
894court may not compute the reasonable value of services at a rate
895less than the federal minimum wage at the time of sentencing.
896     (13)  If personnel of the circuit court or the sheriff do
897not immobilize vehicles, only immobilization agencies that meet
898the conditions of this subsection shall immobilize vehicles in
899that judicial circuit.
900     (a)  The immobilization agency responsible for immobilizing
901vehicles in that judicial circuit shall be subject to strict
902compliance with all of the following conditions and restrictions:
903     1.  Any immobilization agency engaged in the business of
904immobilizing vehicles shall:
905     a.  Have a class "R" license issued pursuant to part IV of
906chapter 493;
907     b.  Have at least 3 years of verifiable experience in
908immobilizing vehicles; and
909     c.  Maintain accurate and complete records of all payments
910for the immobilization, copies of all documents pertaining to
911the court's order of impoundment or immobilization, and any
912other documents relevant to each immobilization. Such records
913must be maintained by the immobilization agency for at least 3
914years.
915     2.  The person who immobilizes a vehicle must never have
916been convicted of any felony or of driving or boating under the
917influence of alcohol or a controlled substance in the last 3
918years.
919     (b)  A person who violates paragraph (a) commits a
920misdemeanor of the first degree, punishable as provided in s.
921775.082 or s. 775.083.
922     (c)  Any immobilization agency who is aggrieved by a
923person's violation of paragraph (a) may bring a civil action
924against the person who violated paragraph (a) seeking injunctive
925relief, damages, reasonable attorney's fees and costs, and any
926other remedy available at law or in equity as may be necessary
927to enforce this subsection. In any action to enforce this
928subsection, establishment of a violation of paragraph (a) shall
929conclusively establish a clear legal right to injunctive relief,
930that irreparable harm will be caused if an injunction does not
931issue, that no adequate remedy at law exists, and that public
932policy favors issuance of injunctive relief.
933     (14)  As used in this chapter, the term:
934     (a)  "Immobilization," "immobilizing," or "immobilize"  
935means the act of installing a vehicle antitheft device on the
936steering wheel of a vehicle, the act of placing a tire lock or
937wheel clamp on a vehicle, or a governmental agency's act of
938taking physical possession of the license tag and vehicle
939registration rendering a vehicle legally inoperable to prevent
940any person from operating the vehicle pursuant to an order of
941impoundment or immobilization under subsection (6).
942     (b)  "Immobilization agency" or "immobilization agencies"
943means any firm, company, agency, organization, partnership,
944corporation, association, trust, or other business entity of any
945kind whatsoever that meets all of the conditions of subsection
946(13).
947     (c)  "Impoundment," "impounding," or "impound" means the
948act of storing a vehicle at a storage facility pursuant to an
949order of impoundment or immobilization under subsection (6)
950where the person impounding the vehicle exercises control,
951supervision, and responsibility over the vehicle.
952     (d)  "Person" means any individual, firm, company, agency,
953organization, partnership, corporation, association, trust, or
954other business entity of any kind whatsoever.
955     Section 17.  Except as otherwise expressly provided in this
956act, this act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.